Title
Approving an amendment to the Articles of Incorporation of the City Avenue Special Services District of Philadelphia and Lower Merion to extend the term of existence of the District to December 31, 2042.
Body
WHEREAS, the Council of the City of Philadelphia (the “City”), together with the Township of Lower Merion, Montgomery County, Pennsylvania (the “Township”), heretofore caused to be incorporated the City Avenue Special Services District of Philadelphia and Lower Merion (the “Authority”) on August 13, 1997 pursuant to the Municipality Authorities Act of 1945 of the Commonwealth of Pennsylvania, now known as the Municipality Authorities Act, 53 Pa.C.S. Ch. 56 (the “Authorities Act”); and
WHEREAS, the Authority presently is organized and existing under the Authorities Act; and
WHEREAS, the Authority’s Articles of Incorporation were previously amended to increase the term of existence of the Authority for a period of 20 years, ending on December 31, 2022; and
WHEREAS, the Authority, by resolution duly adopted, has proposed that its Articles of Incorporation again be amended to increase the term of existence of the Authority as authorized by the Authorities Act; and
WHEREAS, the Authority has caused to be submitted to the Council of this City and the Board of Commissioners of the Township a copy of the resolution adopted by the Board of the Authority wherein said amendment is proposed, which resolution contains the language of said proposed amendment; and
WHEREAS, the Authorities Act provides that the Council of this City and the Board of Commissioners of the Township, being the governing authorities of the municipalities composing the Authority, shall adopt or reject said proposed amendment by resolution or ordinance; now, therefore,
THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:
SECTION 1. The Council of this City adopts and approves the amendment to the Articles of Incorporation of the Authority as proposed by a resolution duly adopted by the Board of the Authority, a copy of which resolution, duly certified by the Chairperson and Secretary of the Authority (collectively, the “Authorized Officers”), has been submitted to the Council.
SECTION 2. The amendment to the Articles of Incorporation of the Authority, which is hereby adopted and approved, shall amend said Articles of Incorporation in order to increase the term of existence of the Authority, in accordance with Section 5605(a)(2) of the Authorities Act, by replacing the following provision in its Articles of Incorporation:
“(f) The Authority shall exist for a term which shall commence on the date a Certificate of Incorporation is issued as required by the provisions of the Act, by the Secretary of the Commonwealth of Pennsylvania and shall terminate on December 31, 2022.”
The new provision shall read as set forth below:
“(f) The Authority shall exist for a term which shall commence on the date a Certificate of Incorporation is issued as required by the provisions of the Act, by the Secretary of the Commonwealth of Pennsylvania and shall terminate on December 31, 2042.”
SECTION 3. The Authorized Officers of the Authority are hereby authorized to execute, verify, and file appropriate Articles of Amendment with the Secretary of the Commonwealth of Pennsylvania and to take all other action and to do all other things that may be necessary in order to accomplish such amendment of the Articles of Incorporation of the Authority in the manner herein adopted and approved.
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